Personal injury

Judge awards more damages after we take accident compensation claim to court

By Richard Brett
Published: 04:39PM BST 15 Jun 2010


We acted for Mrs Taylor in a claim for personal injury compensation following a road traffic accident.

The other party admitted liability for the accident, but the value of Mrs Taylor's claim was disputed, so the case was heard by a judge at the Winchester County Court.

What we did

As a result of the road traffic accident Mrs Taylor suffered a whiplash type injury affecting her neck and left shoulder, as well as some headaches and psychological symptoms.

We obtained numerous reports from medical experts including a GP and an orthopaedic consultant. On the strength of the recommendations for treatment made by these experts, we were able to secure funding for Mrs Taylor's treatment so she was not out of pocket.

As it became clear that Mrs Taylor's symptoms were not resolving, we continued to monitor the situation and assist in ensuring that appropriate investigations and treatment were carried out.

In Mrs Taylor's case this included undergoing an MRI scan, referral to a pain management specialist, and also having steroid injections in her shoulder and spine.

The outcome

Once we had reached a point where the medical opinion on all of the affects of the accident was known, we sought to negotiate settlement with the negligent party's insurers.

Unfortunately, their offers were insufficient compensation for Mrs Taylor, so we issued court proceedings. We continued to seek a negotiated settlement, but in the face of inadequate offers the matter proceeded to court to get a judge's assessment of the claim.

We instructed a skilled barrister to represent Mrs Taylor and all her evidence was put before the judge. The negligent party sought to reduce the damages being awarded, but the judge's assessment of damages was 50% more than the defendant's best offer.

The case has now been reported on Lawtel, a leading online source of legal precedents, as it was such a favourable award of damages.

Case handler

Mandy Clapham is a case handler in the personal injury department. She acts predominantly on behalf of claimants, specialising in cases where court proceedings are necessary and in taking cases to trial.

Client testimonial

"Mandy was a brilliant case handler. I was able to have frank conversations with her. She listened to what I had to say, even when I was being stubborn."

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